Settling a Cherry Hill Nursing Home Abuse Case
If someone thinks that they or a loved one has been abused, they should contact a distinguished nursing home abuse lawyer to conduct an investigation. If it turns out that there was negligence or abuse that occurred, the person can file a lawsuit against the facility. One of the things that an attorney can do is gather all of the records or they can give the nursing home and the insurance company the opportunity to make it right. Following the process of their investigation, a compassionate injury attorney can help them consider when to think about settling their Cherry Hill nursing home abuse case.
Filing a Lawsuit for Nursing Home Abuse
If individuals on the defense in a nursing home abuse case want to make a settlement offer before a lawsuit has to be filed, sometimes that does makes sense. If they are willing to acknowledge what they did was wrong and they are willing to do what is right and pay the family or the injured person an amount that is fair and in light of what has occurred, then they can resolve it before going to litigation. If they never do, if they never admit that they were wrong or ever make a fair offer, then a lawsuit is filed.
Before settling a Cherry Hill nursing home abuse case, individuals will file a lawsuit in the court system and pursue litigation. It does not necessarily mean that the case is going to go to a trial. The majority of cases can settle during that litigation, but if they never make a fair offer, then it will be taken all the way to a trial. The options are that they do not want to settle unless they is a fair offer in light of the situation.
If they never do that, then the case can be taken all the way to a trial. It is not necessary if they do what is right, but if the nursing home and the insurance company do not do what is right, the option is always to have the right to take the case to a trial and have a jury decide what would be right.
Determining the Value of a Claim
Determining the value of a claim before settling a Cherry Hill nursing home abuse case will depend on the outcome of the trial. There are several factors that need to be looked into. Number one is the liability; based on how egregious the nursing home’s actions were if they deviated from the standard of care if it was negligence, gross negligence if it was intentional, and they need to know those things that come into play. Then, they need to know what the damages are for both economic and the non-economic losses.
The economic losses are a bit easier to ascertain because those numbers are cold solid numbers such as medical bills, lost wages, Medicare liens, health insurance liens, and future lost wages. Those are things that they can actually put a number on. A lawyer can help someone determine this value regarding the non-economic damages, the pain and the suffering, and the effect on the lives of the injured party and their loved ones.
These are things that a person cannot put a number on and a nursing home lawyer who has enough experience can look at prior cases to try to come up with a number that everybody thinks is fair. The person puts all of those factors into a play and tries to figure out a range.
Consulting a Lawyer
At the initial consultations for settling a Cherry Hill nursing home abuse case, individuals are asked to bring as much information as they have with regard to when their loved one or themselves were placed in the nursing home. They will collect any information that they have received from the facility with regard to the incident such as names, medical records, or any medical bills, or any information that someone has in regards to their loved one or themselves being injured in a nursing home.
An attorney will want their clients, or potential clients, to bring in everything that they think is relevant. It is always better to have more than less. When they give it to the lawyer, they let lawyer will take a look at it, and if they do not need it, that is fine, but at least they have the opportunity to look at it and let the person know whether or not it is relevant and if it could be used when considering the course of their case.